New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 18

18 Flow classes for these water sources

(1) This Plan establishes the following flow classes as the basis for sharing of daily flows from these water sources:

Note: The following flow classes apply to all access licences extracting from surface water specified for each water source from the commencement date of this Plan, excluding those access licences listed under clause 64 and access licences that nominate a runoff harvesting work. They will also apply to all existing aquifer access licence holders extracting from alluvial aquifers within 40 metres of the high bank of the river from year six of this Plan, except where provided for under clause 65 (2) of this Plan. For those aquifer access licences outside the 40 metres daily flow classes will not apply.

(a) for the Non Tidal Management Zone of the Bellinger River Water Source, at the Bellinger River gauge at Thora in the Thora-North Arm Bellinger River Water Source:

(i) the Very Low Flow Class is when flows are at or below 16 megalitres per day (hereafter "ML/day"),

Note: 16 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 16 ML/day and less than 95 ML/day, and

Note: 95 ML/day corresponds to the estimated 50 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(iii) B Class is when flows are equal or greater than 95 ML/day,

Note: B Class relates to unregulated river (Aboriginal commercial) access licences.

Note: These flow classes may be amended if a gauging station is installed within or close to the water source, in accordance with clause 18 (2) (b) of this Plan.

(b) for the Tidal Pool Management Zone of the Bellinger River Water Source, at the Bellinger River gauge at Thora in the Thora-North Arm Bellinger River Water Source:

(i) the Very Low Flow Class is when flows are at or below 16 ML/day,

Note: 16 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 16 ML/day and less than 95 ML/day, and

Note: 95 ML/day corresponds to the estimated 50 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(iii) B Class is when flows are equal or greater than 95 ML/day,

Note: B Class relates to unregulated river (Aboriginal commercial) access licences.

Note: These flow classes may be amended if a gauging station is installed within or close to the water source, in accordance with clause 18 (2) (b) of this Plan.

Note: These flow classes may be amended during the life of this Plan based on the outcome of a review of existing hydrological and ecological studies, and salinity monitoring, in accordance with clause 18 (2) (f) of this Plan.

(c) for the Boggy Creek Water Source, at the Bellinger River gauge at Thora in the Thora-North Arm Bellinger River Water Source:

(i) the Very Low Flow Class is when flows are at or below 16 ML/day, and

Note: 16 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 16 ML/day,

Note: These flow classes may be amended based on the outcomes of a hydrological study of end of system flows, in accordance with clause 18 (2) (a) of this Plan.

Note: These flow classes may be amended if a gauging station is installed within or close to the water source, in accordance with clause 18 (2) (b) of this Plan.

Note: These flow classes may be amended if an unregulated river (aboriginal commercial) access licence is granted in this water source, in accordance with clause 18 (2) (d) and 18 (2) (e) of this Plan.

(d) for the Non Tidal Management Zone of the Coastal Bellinger Water Source, no flow classes are established for this Plan,

(e) for the Tidal Pool Management Zone of the Coastal Bellinger Water Source, at the Bellinger River gauge at Thora in the Thora-North Arm Bellinger River Water Source:

(i) the Very Low Flow Class is when flows are at or below 16 hereafter ML/day,

Note: 16 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 16 ML/day and less than 95 ML/day, and

Note: 95 ML/day corresponds to the estimated 50 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(iii) B Class is when flows are equal or greater than 95 ML/day,

Note: B Class relates to unregulated river (Aboriginal commercial) access licences.

Note: These flow classes may be amended if a gauging station is installed within or close to the water source, in accordance with clause 18 (2) (b) of this Plan.

Note: These flow classes may be amended during the life of this Plan based on the outcome of a review of existing hydrological and ecological studies, and salinity monitoring, in accordance with clause 18 (2) (f) of this Plan.

(f) for the Non Tidal Management Zone of the Coastal Kalang Water Source, no flow classes are established for this Plan,

Note: Flow classes may be established if an unregulated river (aboriginal commercial) access licence is granted in this water source, in accordance with clause 18 (2) (e) of this Plan.

(g) for the Tidal Pool Management Zone of the Coastal Kalang Water Source, at the Sunny Corner Road crossing in the Kalang River Water Source:

(i) for the first five years of this Plan, the Very Low Flow Class is when flows are at or below 2 ML/day, thereafter the Very Low Flow Class is when flows are at or below 4 ML/day,

Note: 2 ML/day corresponds to the estimated 99.5 th percentile and 4 ML/day corresponds to the estimated 98 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) for the first five years of this Plan, A Class is when flows are greater than 2 ML/day, thereafter A Class is when flows are greater than 4 ML/day,

Note: These flow classes may be amended if an unregulated river (aboriginal commercial) access licence is granted in this water source, in accordance with clause 18 (2) (e) of this Plan.

Note: These flow classes may be amended during the life of this Plan based on the outcome of a review of existing hydrological and ecological studies, and salinity monitoring, in accordance with clause 18 (2) (f) of this Plan.

(h) for the Dalhousie Creek Water Source, no flow classes are established for this Plan,

(i) for the Non Tidal and Tidal Pool Management Zones of the Hydes Creek Water Source, at Kethels Road bridge:

(i) the Very Low Flow Class is when flows are at or below 1 ML/day, and

Note: 1 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 1 ML/day,

Note: These flow classes may be amended if an unregulated river high flow access licence or unregulated river (aboriginal commercial) access licence is granted in this water source, in accordance with clause 18 (2) (e) of this Plan.

Note: These flow classes may be amended during the life of this Plan based on the outcome of a review of existing hydrological and ecological studies, and salinity monitoring, in accordance with clause 18 (2) (f) of this Plan.

(j) for the Non Tidal and Tidal Pool Management Zones of the Kalang River Water Source, at the Sunny Corner Road crossing:

(i) for the first five years of this Plan, the Very Low Flow Class is when flows are at or below 2 ML/day, thereafter the Very Low Flow Class is when flows are at or below 4 ML/day,

Note: 2 ML/day corresponds to the estimated 99.5 th percentile and 4 ML/day corresponds to the estimated 98 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) for the first five years of this Plan, A Class is when flows are greater than 2 ML/day, thereafter A Class is when flows are greater than 4 ML/day,

(k) for the Never Never Creek Water Source, at Promised Land Loop Road, immediately upstream of the Arthur Keogh Reserve:

(i) the Very Low Flow Class is when flows are at or below 2 ML/day, and

Note: 2 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 2 ML/day,

Note: These flow classes may be amended if a gauging station is installed within or close to the water source, in accordance with clause 18 (2) (b) of this Plan.

Note: These flow classes may be amended if an unregulated river high flow access licence is granted in this water source, in accordance with clause 18 (2) (e) of this Plan.

(l) for the Rosewood Creek Water Source, at the Bellinger River gauge at Thora in the Thora-North Arm Bellinger River Water Source:

(i) the Very Low Flow Class is when flows are at or below 16 ML/day, and

Note: 16 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 16 ML/day,

Note: These flow classes may be amended if a gauging station is installed within or close to the water source, in accordance with clause 18 (2) (b) of this Plan.

(m) for the Spicketts Creek Water Source, no flow classes are established for this Plan, and

Note: Flow classes may be established if an unregulated river (aboriginal commercial) access licence is granted in this water source, in accordance with clause 18 (2) (e) of this Plan.

(n) for the Thora-North Arm Bellinger River Water Source, at the Bellinger River gauge at Thora:

(i) the Very Low Flow Class is when flows are at or below 16 ML/day, and

Note: 16 ML/day corresponds to the estimated 95 th percentile. The percentiles refer to lowest flow month at the gauge and include all days of record.

(ii) A Class is when flows are greater than 16 ML/day.

(2) The Minister may under section 45 (1) (b) of the Act amend subclauses (1) (a), (1) (b), (1) (c), (1) (e), (1) (f), (1) (g), (1) (i), (1) (j), (1) (k), (1) (l) and (1) (m) to amend or establish a new or additional flow class or flow classes in:

(a) the Boggy Creek Water Source, if following a hydrologic study the bottom of A Class is found to be less than visible flow at the end of the system, then the flow classes will change to ensuring extraction of water from a river by an approved water supply work is permitted if there is a visible flow in the river in the downstream vicinity of the water supply work, or where water is being taken from a pool, a visible inflow and outflow to and from that pool,

(b) the Tidal Pool Management Zone of the Coastal Bellinger Water Source, the Bellinger River Water Source, the Rosewood Creek Water Source, the Never Never Water Source and the Boggy Creek Water Source, if a gauge is installed near the junction of the Bellinger River and Roses Creek and sufficient data collection to enable determination of a cease to pump level at the flow reference point at or below the equivalent to the 95 th percentile flow at the end of the system,

(c) the Coastal Bellinger and the Coastal Kalang Water Sources if a Drainage Management Plan, Floodplain Management Plan or similar management plan is developed for all or part of the water sources,

(d) the Boggy Creek Water Source, if an unregulated river (Aboriginal commercial) access licence is granted under clause 35 (2) (f), a gauge may be installed in Boggy Creek and calibrated to the equivalent of a flow that is equal to the 50 th percentile daily flow for the B Class,

Note: The percentiles refer to lowest flow month at the gauge and include all days of record.

(e) the Boggy Creek Water Source, the Coastal Kalang Water Source, the Hydes Creek Water Source, the Never Never Creek Water Source and the Spicketts Creek Water Source, if an unregulated river access licence is converted to an unregulated river high flow access licence under clause 74 (2), or an unregulated river (Aboriginal commercial) access licence is granted under clause 35 (2) (f), such that B Class is when flows are greater than a flow that is equal to the 50 th percentile daily flow, and

Note: The percentiles refer to lowest flow month at the gauge and include all days of record.

(f) the Tidal Pool Management Zones of the Bellinger River, the Coastal Bellinger, the Coastal Kalang and the Hydes Creek Water Sources, during the life of this Plan, based on a review of salinity monitoring, and ecological and hydrological studies to determine whether the Very Low Flow Classes are under or over satisfying ecological needs in the tidal pool, with a range in variation between visible flow and the 95 th percentile at the nominated flow reference point or a salinity threshold equivalent.